Telangana High Court
Order Rejecting Jurisdictional Objections U/S 16 Of Arbitration Act Can Be Challenged U/S 34, Not Under Writ Jurisdiction: Telangana HC
The Telangana High Court bench of Justice P. Sam Koshy and Justice Namavarapu Rajeshwar Rao has held that an order rejecting jurisdictional objections under Section 16 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) can only be challenged under section 34 of the Arbitration Act after an award is passed, and no writ petition against such an order can...
Telangana HC Upholds Reservation Policy For Children Of Armed Forces Personnel In Medical Entrance, Which Excluded Children Of CAPF Personnel
The Telangana High Court upheld the constitutionality of the Andhra Pradesh/ Telangana Unaided Non-minority Professional Institutions (Regulations of Admissions into Under Graduate Medical and Dental Professional Courses) Rules, 2007 and the Telangana Medical and Dental Colleges Admission, (Admission into MBBS & BDS Courses) Rules, 2017, which directed the reservation of 1% seats for...
Telangana High Court Partly Stays Land Acquisition Notification For Setting Up Multipurpose Industrial Park In Vikharabad District
The Telangana High Court has suspended part of a Notification, issued to acquire land for setting up a Multiple purpose Industrial Park in Vikharabad District after certain land owners moved the court contending that the study for Determination of Social Impact and Public Purpose under the Land Acquisition Act could not be dispensed with.  Justice J. Sreenivas Rao passed the...
Anti-Arbitration Suit Giving Short-Shrift To Sec 16 A&C Act Is Hit By Order 7 Rule 11(d) Of CPC: Telangana High Court Reiterates
The Telangana High Court has reiterated and clarified that suits initiated before Civil Courts to curb arbitration proceedings ignore section 16 of the Arbitration and Conciliation Act,1996, and deserve to be rejected under Order 7, Rule 11(d) as being barred by statute.The order was passed in a commercial court appeal by a Division Bench of Justice Moushumi Bhattacharya and...
S.17 Of Arbitration Act Casts Weighty Burden On Party To Persuade Court To Hold Onto S.9 Proceedings After Formation Of Tribunal: Telangana HC
The Telangana High Court has held that the 2015 amendment to the Arbitration and Conciliation Act grants a bouquet of protections to a party during the course of arbitral proceedings. It clarified that section 9 (3) restricts a party from seeking interim protection before a Court, once a tribunal has been constituted. After the amendment, once the Tribunal has been constituted, the parties...
Telangana HC Imposes 25K Cost On Man Who Filed PIL Against Panchayat Act For Prohibiting Candidates With Over 2 Children From Participating In Polls
The Telangana High Court has dismissed a public interest filed challenging Section 21(3) of the Telangana Panchayat Raj Act, 2018. Section 21(3) restricts individuals who have more than 2 children from contesting in the Panchayat elections.The Division Bench of Chief Justice Sujoy Paul and Justice Renuka Yara dismissed the petition at SR stage, imposing a cost of 25 thousand, noting that...
Telangana Tunnel Collapse: High Court Closes PIL To Rescue 8 Trapped Workers After State Gives Assurance
The Telangana High Court on Monday (March 3) closed proceedings in a PIL petition praying that the State takes all necessary and immediate steps to remove 8 workers who are stated to be trapped in the Srisailam Left Bank Canal (SLBC) Tunnel in Nagarkurnool. A Division Bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara closed the matter owing to the reassurance given...
CGST Act | SCN Issued On Online Portal Needs To Contain Digital Signature Of Competent Authority To Be Valid: Telangana High Court Clarifies
The Telangana High Court has clarified that show-cause notices issued on the online portal under Chapter XVII of the GST Rules under the category 'demand and recovery' mandatorily need to contain the appropriate officer's digital signature. The order was passed by the Division Bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara in a batch of 160 writ petitions filed by...
Employee Can't Be Denied Back Wages On Reinstatement When Rules Don't Provide 'No Pay' Punishment For Time Spent Out Of Service: Telangana HC
Reiterating that a punishment which is not provided in rules can't be imposed, the Telangana High Court set aside punishment of 'dies-non and no salary/ remuneration' resulting in non payment of back wages imposed on a physically handicapped co-operative bank employee for the period of time he was out of service. The court said this after noting that the relevant rules didn't provide for such...
S.32 Evidence Act | Post-Mortem Certificate Issued By Doctor Who Isn't Examined Due To Death/Unavailability Is Admissible: Telangana HC
The Telangana High Court has said that when a doctor who has conducted and filed a post-mortem certificate/report cannot be examined due to unavailability or death, the report given by him is to be treated as relevant and admissible in view of Section 32 of the Indian Evidence Act.The court further said that it was well established that when the doctor who conducted autopsy was not...
Telangana High Court Rescinds Order Restricting Late Night Entry Of Children Into Movie Theatres, Says All Stakeholders Need To Be Consulted
The Telangana High Court has rescinded its order restricting children below the age of 16 years from entering movie theatres after 11pm.  Justice B. Vijaysen Reddy observed that Multiplex operators, whose interest is stated to be adversely affected due to the direction, should be given an opportunity of hearing."It is relevant to note that there is no statutory regulation as of...
SCN & Orders Not Containing Signature Of Proper Officer Cannot Sustain Judicial Scrutiny: Telangana High Court
The Telangana High Court stated that the show cause notices and the orders which are not pregnant with the signature of the Proper Officer cannot sustain judicial scrutiny. The Division Bench of Acting Chief Justice Sujoy Paul and Justice Renuka Yara observed that “since Rule and prescribed Forms mandate requirement of signature of Proper Officer, its violation makes...